The Americans with Disabilities Act of 1990 (ADA) and subsequent ADA Amendments Act of 2008 (ADAAA) define a “major life activity” as including, but not limited to, “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, co
Generally, a majority means a number greater than half of the total, in other words more than 50%. During elections, this is called an absolute majority. Candidates could also only require a relative majority or a qualified majority, depending on the office a candidate is running for. A relative majority–also known as a plurality–means a candidate needs the most votes to win, which is does not always require over 50%.
To make means to create something. Some common uses of the term “make” in a legal sense include:
Make one whole is a theory of remedying a breach of contract or other legal obligation. The idea is that someone should be awarded damages to put that person in the same position they would have been if the obligation was not broken. While the idea is simple, in practice the concept is difficult to implement.
A “maker” is a person who makes, frames, executes, or ordains. Some common uses of the term “maker” in a legal sense include:
In criminal law, malice indicates the intention, without justification or excuse, to commit an act that is unlawful. Evidence of malice is a prerequisite in some jurisdictions to prove first-degree murder.
At common law, murder was defined as killing with malice aforethought. Malice could be understood in two ways: express and implied. Express malice murders included killings where a person intended to cause death or grievous bodily harm to another.
In reference to law, “mandatory” is used to indicate that something is required or obligatory.
Some common uses of the term “mandatory” in a legal sense include:
Mandatory authority, unlike persuasive authority, describes legal authority that is binding and must be followed. All mandatory authority are primary sources of law. However, not all primary sources of law are mandatory authority because the jurisdiction affects whether a legal authority is mandatory or persuasive.
A mandatory injunction is issued when a court directs a person to perform certain acts, as opposed to prohibitory injunction, which seeks to preserve the status quo. The defendant named in a mandatory injunction must undo the wrong or injury that one has caused. Unless prevented by constitutional or statutory provision, a court may issue a mandatory injunction where the defendant’s encroachment on the plaintiff’s rights is immediate, intentional and repetitive.
